Re-examination of a Witness
Once a witness has given their evidence-in-chief and been cross-examined by the other side the solicitor may re-examine their witness. The purpose of re-examination is to give the witness an opportunity to explain any matters raised during cross-examination and is therefore limited to only those matters that were raised during cross-examination. It is not another opportunity to go through the evidence provided.
An example of when re-examination might be necessary would be where the cross-examination has perhaps shown the witness’ testimony to be muddled and confused. Alternatively, you might want to use re-examination if during the cross-examination inconsistencies have appeared between a witness’ testimony and a prior statement.
You can use re-examination to highlight flaws and/or inconsistencies in the other side’s case or alternatively to attempt to correct anything during cross-examination which potentially could be damaging to your case.
Updated 12 March 2026
This article remains broadly accurate as a general introduction to re-examination of witnesses. The core principles described — that re-examination is limited to matters arising from cross-examination, that it provides an opportunity to clarify or explain answers given under cross-examination, and that it is not a further opportunity to adduce new evidence — continue to reflect the established common law position and standard practice in English and Welsh courts. No significant statutory changes or major appellate decisions have materially altered these principles. Readers should note that the article is a brief overview and does not address procedural nuances across different court settings (for example, the Criminal Procedure Rules 2020 (SI 2020/759) and Civil Procedure Rules 1998 govern procedure in criminal and civil proceedings respectively), nor does it address the judge’s discretion to allow questions going beyond strict re-examination in appropriate circumstances. Students should supplement this article with reference to those rules and relevant procedural texts for a fuller picture.
